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ASBOs - A Practitioner's Guide to Defending Anti-social Behaviour Orders (Paperback)
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ASBOs - A Practitioner's Guide to Defending Anti-social Behaviour Orders (Paperback)
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ASBOs were designed to tackle real problems in local communities
such as the misery and distress caused by conduct involving
harassment, alarm and distress. Seven years on from their
introduction, ASBOs are widely-used and often misused: by excessive
use against the young and mentally disordered, by their use against
conduct that is disturbed or dysfunctional rather than serious and
threatening, by resort to over-wide prohibitions and an
over-readiness to impose custodial terms for breaches. "ASBOs: a
practitioner's guide to defending anti-social behaviour orders "is
a unique guide to this area of law. It is the first text to examine
the practice and procedure of the criminal courts and the county
court from the standpoint of a practitioner acting for the
defendant. In addition to providing procedural and tactical
guidance, it lends a powerful voice to the debate for a fairer and
more balanced approach to what is 'anti-social behaviour' and what
the appropriate prohibitions should be. It takes the reader through
all the key issues: what should be considered before an ASBO is
applied for? the difference between 'stand alone' and
post-conviction ASBOs; the civil jurisdiction of the criminal
courts; housing law and ASBOs in the county court; admissibility of
hearsay and Article 6 of the ECHR; terms and duration of ASBOs;
breaches and sentencing; treatment of children and young people;
and, how to obtain public funding and recover costs. There is
authoritative guidance on statutory tests, analysis of the rapidly
developing body of case law as well as an analysis of the relevant
human rights jurisprudence. The text is supplemented with all the
crucial, updated legislation, statutory instruments, ECHR Articles,
relevant Civil Procedure Rules, court forms and a practitioner's
checklist. "ASBOs" is essential reading for criminal and housing
practitioners, local authorities, police, the judiciary, those
working in the youth justice system and in voluntary sector
organisations concerned with young people, mental health and
learning disabilities.
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